HomeMy WebLinkAboutItem II
PLAN COMMISSION STAFF REPORT MAY 21, 2024
ITEM II: SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR SIGNAGE,
FAÇADE, AND DRIVE-THROUGH MODIFICATIONS AT 2350 STATE
ROAD 44
GENERAL INFORMATION
Owner: 2350 Highway 44 LLC
Petitioner: Mach IV Engineering & Surveying LLC
Action(s) Requested:
The petitioner requests an amendment to the Specific Implementation Plan approval for
signage, façade, and drive-through modifications at 2350 State Road 44.
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Background Information Property Location and Type:
The subject site is a 1.54-acre property located on the north side of State Road 44, west of South
Washburn Street. The property is zoned Business Park District with a Planned Development
Overlay (BP-PD) and contains an existing drive-through restaurant building. The surrounding
area consists of commercial uses along State Road 44 and industrial uses to the north. The 2040
Comprehensive Plan recommends Interstate Commercial use for the subject property. The
property is located within the Universal Business Park.
In 2014, a Conditional Use Permit (CUP)/Planned Development (PD) was approved for a drive-
through restaurant at the subject property (Resolution 14-469). In 2016, a PD amendment was
approved to allow a 25 sq. ft. (per side) EMC (Resolution 16-96).
Subject Site
Existing Land Use Zoning
Commercial BP-PD
Adjacent Land Use and Zoning
Existing Uses Zoning
North Industrial HI
South Commercial BP & SMU
East Commercial HI
West Commercial BP-PD
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Interstate Commercial
Page 1
ITEM II- SIP Amendment – 2350 State Rd. 44
ANALYSIS
Use
No changes are being proposed to the existing use of the site design, which will remain a drive-
through restaurant.
Site Design
There are no changes being proposed to the site, with the exception of a drive-through canopy
to be placed over the existing drive-through lanes along with installation of order kiosks under
the canopy.
Site Plan
Page 2
ITEM II- SIP Amendment – 2350 State Rd. 44
The proposed canopy will be constructed of prefinished metal with stone veneer bases to match
the existing building facades. The canopy will not exceed the maximum canopy height of 25’.
Proposed canopy
Kiosk rendering
Signage
The applicant is proposing to remove the existing monument signage, including a 25 sq. ft.
EMC and 22.36 sq. ft. static sign cabinet above the EMC, and has submitted plans for a new 38.6
sq. ft. EMC to be placed on the existing monument sign base. The existing sign meets setback
requirements with a 30’ front setback, which will not change with this request. The plan was
brought to a Plan Commission meeting on April, 2, 2024 for SIP amendment request. Plan
Commission recommended the item be tabled to a future meeting as the signage requires
approval of a variance from the Universal Business Park Covenants through review by Greater
Oshkosh Economic Development Corporation (GOEDC).
Page 3
ITEM II- SIP Amendment – 2350 State Rd. 44
The Business Park zoning district (BP) allows EMC signage of up to 100 sq. ft. per lot. However,
the Universal Business Park covenants prohibit EMCs. The previously approved Planned
Development amendment (2016) limited the EMC to 25 sq. ft. The applicant is requesting
approval of an increased EMC size to 38.6 sq. ft. A variance from the Universal Business Park
covenants was approved to allow the increased EMC size on May 10, 2024.
Staff is supportive of the increased EMC size as it will remain well under the maximum EMC
area for the BP zoning district and has now been approved by GOEDC. The Transportation
Department has reviewed the plan and noted that the sign must not flash or distract drivers.
The applicant is also proposing channel letter signage on the front facade and cabinet signs on
the side facades of the building (see building elevations below). The proposed signage meets
BP signage requirements and is within the maximum sign area of 1 sq. ft. per linear foot of
building façade. A variance to the Universal Business Park Covenants was approved by
GOEDC on May 10, 2024 for the cabinet signs, in addition to the EMC, as cabinet signs are
prohibited by the Universal Business Park Covenants.
Landscaping
No additional pavement or building areas are being constructed. Therefore, no additional
landscaping is required.
Storm Water Management
The Department of Public Works has reviewed the plans and did not note any concerns.
Lighting
The provided plans do not include new lighting for the site.
Page 4
ITEM II- SIP Amendment – 2350 State Rd. 44
Building Facades
The applicant is proposing minimal changes to the building exterior which include the
following:
- Painting portions of existing building and awnings
- Replacing existing drive-through window (west elevation) with a door for walk-out to
drive-through
Staff is supportive of the proposed building modifications as they will maintain existing
building materials and will not result in reduction of Class I materials.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Planned
Development district, staff recommends the Plan Commission make the following findings
based on the criteria established by Chapter 30-387 (C)(6):
(a) The proposed Planned Development project is consistent with the overall purpose
and intent of this Chapter.
(d) The proposed Planned Development project will positively contribute to and not
detract from the physical appearance and functional arrangement of development in the
area.
Page 5
ITEM II- SIP Amendment – 2350 State Rd. 44
Staff recommends approval of the Specific Implementation Plan Amendment as proposed with
the findings listed above and the following condition:
1. Except as specifically modified by this Specific Implementation Plan Amendment, the
terms and conditions of the original Planned Development approval dated October 28,
2014 (Resolution 14-469) remain in full force and effect.
Page 6
Sign_______ Staff ________ Date Rec’d ________
City of Oshkosh
Planned Development Application
For General Development Plan or Specific Implementation Plan
**PLEASE TYPE OR PRINT USING BLACK INK**
Contact preference:
APPLICANT INFORMATION
Petitioner: _________________________________________________________________________________ Date: ____________
Petitioner’s Address: ________________________________________ City: ______________________ State: _____ Zip: ________
Telephone #: ( ) _________________ Email: _______________________ Contact preference: Phone Email
Status of Petitioner (Please Check): Owner Representative Tenant Prospective Buyer
Petitioner’s Signature (required): _______________________________________________________________ Date:
____________ OWNER INFORMATION
Owner(s): __________________________________________________________________________________ Date: ____________
Owner(s) Address: __________________________________________ City: ______________________ State: _____ Zip: ________
Telephone #: ( ) _________________ Email: _______________________ Phone Email
Ownership Status (Please Check): Individual Trust Partnership Corporation
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter
upon the property to inspect or gather other information necessary to process this application. I also understand that all
meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other
administrative reasons.
Property Owner’s Signature: ___________________________________________________________________ Date: ____________
TYPE OF REQUEST:
General Development Plan (GDP)General Development Plan (GDP) Amendment
Specific Implementation Plan (SIP)Specific Implementation Plan (SIP) Amendment
SITE INFORMATION
Address/Location of Proposed Project: __________________________________________________________________________
Proposed Project Type: ________________________________________________________________________________________
Estimated Cost: _______________________________________________________________________________________________
Current Use of Property: ________________________________________________________________Zoning: ________________
Land Uses Surrounding Your Site: North: _________________________________________________________________________
South: _________________________________________________________________________
East: _________________________________________________________________________
West: _________________________________________________________________________
It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal.
Application fees are due at time of submittal. Make check payable to City of Oshkosh.
Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE
For more information please visit the City’s website at https://www.ci.oshkosh.wi.us/CommunityDevelopment/
SUBMIT TO: Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, WI 54901 Room 204
PHONE: (920) 236-5059 Email: planning@ci.oshkosh.wi.us
BP-PD
HI ZONING - INDUSTRIAL USE
BP/SMU - MEDICAL CLINIC/FITNESS CENTER
HI - OFFICE
BP-PD - OFFICE
MACH IV ENGINEERING & SURVEYING LLC 02.04.2024
2260 SALSCHEIDER CT GREEN BAY WI 54313
920 569-6765 JEHRFURTH@MACH-IV.COM X
X
2350 STH 44
2350 HIGHWAY 44 LLC
OSHKOSH WI 54913
02.04.2024
920 733-7305 X
X
XX
2350 STATE HIGHWAY 44
COMMERCIAL DEVELOPMENT
VACANT RESTAURANT
March 27, 2024
Page 7
2
SUBMITTAL REQUIREMENTS – Must accompany the application to be complete.
(Submit only digital files. If file size exceeds 10 mb, please send through a file transfer. Please note at the discretion
of Community Development staff may request a hard copy)
The following information must be provided in order for the application to be considered complete and able to
be scheduled for Plan Commission Review. Please use the checklist below to determine the required information
to be submitted at the time of application. If all information below cannot be provided at the time of application,
please request a waiver in writing to the Division’s Director or designee.
A General Development Plan (GDP) submittal, per Section 30-387(C)(4), shall include the following items
(Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy):
General location map of the subject site depicting:
All lands for which the Planned Development is proposed and other lands within 100 feet of the
boundaries of the subject property.
Current zoning of the subject site and abutting properties, and the jurisdiction(s) that maintains that
control.
A graphic scale and north arrow.
Generalized site plan showing the pattern or proposed land uses, including:
General size, shape, and arrangement of lots and specific use areas.
Basic street pattern and pattern of internal drives.
General site grading plan showing preliminary road grades.
Basic storm drainage pattern, including proposed on-site stormwater detention.
General location of recreational and open space areas, including designation of any such areas to
be classified as common open space.
Statistical data, including:
Minimum lot sizes in the development.
Approximate areas of all lots.
Density/intensity of various parts of the development.
Building coverage.
Landscaping surface area ratio of all land uses.
Expected staging.
Conceptual landscaping plan.
General signage plan.
General outline of property owners association, covenants, easements, and deed restrictions.
A written description of the proposed Planned Development, including:
General project themes and images.
The general mix of dwelling unit types and/or land uses.
Approximate residential densities and nonresidential intensities.
General treatment of natural features.
General relationship to nearby properties and public streets.
General relationship of the project to the Comprehensive Plan or other area plans.
Proposed exceptions from the requirements of the Zoning Ordinance and enhancements that will
be provided to compensate for them.
Traffic Impact Analysis (TIA), if deemed necessary by the Director of Planning Services, or designee.
A Specific Implementation Plan (SIP) submittal, per Section 30-387(C)(5), shall include the following items.
Note that the area included in an SIP may be only a portion of the area included in a previously approved GDP
(Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy):
An existing conditions map of the subject site depicting the following:
All lands for which the Planned Development is proposed and other lands within 100 feet of the
boundaries of the subject site.
Current zoning of the subject property and all abutting properties, and the jurisdiction(s) that
maintains that control.
Existing utilities and recorded easements.
All lot dimensions of the subject site.
A graphic scale and a north arrow.
An SIP map of the proposed site showing at least the following:
All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled
All required and proposed building setback and offset lines
Impervious surface ratio (percentage)
X
X
X
X
XXX
X
X
X
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3
All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks,
patios, fences, walls
Location of all outdoor storage and refuse disposal areas and the design and materials used for construction
Location and dimension of all on-site parking (and off-site parking provisions if they are to be utilized), including a
summary of the number of parking stalls provided per the requirements of Section 30-175 City of Oshkosh Zoning
Ordinance
Location and dimension of all loading and service areas on the subject property
Location, height, design, illumination power and orientation of all exterior lighting on the property including a
photometrics plan
Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices whereapplicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not
limited to; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators,
generators
Proposed grading plan.
Specific landscaping plan for the subject site, specifying the location, species, and installation size of
plantings. The landscaping plans shall include a table summarizing all proposed species and required and
provided landscaping points for all applicable landscaping components (building foundation, paved
areas, street frontages, yards, bufferyards).
Architectural plans for any nonresidential buildings, multi-family structures, or building clusters, other than
conventional single-family or two-family homes on individual lots, in sufficient detail to indicate the floor
area, bulk, and visual character of such buildings. The architectural plans shall include a percentage
breakdown of exterior materials applied to each building façade.
Conceptual Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas,
and walkways.
Signage plan for the project, including all project identification signs, concepts for public fixtures and signs,
and group development signage themes that may or may not vary from City standards or common
practices.
Any other necessary information as determined during pre-submittal meeting with City staff.
Specific written description of the proposed SIP including:
Specific project themes and images.
Specific mix of dwelling unit types and/or land uses.
Specific residential densities and nonresidential intensities as described by dwelling units per acre,
and landscaping surface area ratio and/or other appropriate measures of density and intensity.
Specific treatment of natural features, including parkland.
Specific relationship to nearby properties and public streets.
Statistical data on minimum lot sizes in the development, the precise areas of all development lots
and pads; density/intensity of various parts of the development; building coverage, and
landscaping surface area ratio of all land uses; proposed staging; and any other plans required by
Plan Commission.
A statement of rationale as to why PD zoning is proposed. This statement shall list the standard
zoning requirements that, in the applicant’s opinion, would inhibit the development project and the
opportunities for community betterment that are available through the proposed PD project.
A complete list of zoning standards that would not be met by the proposed SIP and the location(s)
in which such exceptions/base standard modifications would occur and enhancements that will
be provided to compensate for them.
Phasing schedule, if more than one development phase is intended.
Agreements, bylaws, covenants, and other documents relative to the operational regulations of the
development and particularly providing for the permanent preservation and maintenance of common
open areas and amenities.
A written description that demonstrates how the SIP is consistent with the approved GDP and any and all
differences between the requirements of the approved GDP and the proposed SIP.
Planning Staff may waive certain requirements if deemed not applicable to the project review.
I hereby certify that to the best of my knowledge all required application materials are included with this
application. I am aware that failure to submit the required completed application materials may result in denial or
delay of the application request.
Applicant’s Signature (required): _________________________________ Date: _____________________
X
X
X
X
X
X
X
02.04.2024
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General Development Plan (GDP)/Specific Implementation (SIP)
General Location Map
The site is located at 2350 State Highway (STH) 44. The existing site is the location of
restaurant. The existing restaurant was originally constructed with a Conditional Use Permit to, in
part, allow a drive thru. A Site Map is included as Sheet C1.0. The site is 1.54 acres in size.
Existing developments include the restaurant, associated parking lot, and stormwater facility. The
site has one ingress/egress points onto STH 44.
The site to the north is an industrial development, the south side is a commercial/office use and
fitness center, the east side is commercial/office use, and the west side is commercial office use.
The site is currently zoned Business Park with a PD overlay, therefore we are requesting a PD
amendment. Abutting zoning is as follows:
North: HI South: BP/SMU East: HI West: BP-PD Specific Use
The intent of the project is to do an interior remodel and add two additional drive-thru order
board/kiosk.
Traffic Patterns
The site will continue to use the existing ingress/egress point.
Grading
Minor site grading is required to accommodate the proposed drive-thru configuration.
Drainage
Site drainage patterns will remain the same. No new impervious surfaces are proposed.
Open Spaces
The Existing Site is densely developed and has 58% green space. The proposed site plans do
not increase the amount of impervious area.
Statistical Data
Individual site statistics are listed in for each parcel on Sheets C2.0. A summary of the proposed
site statistics are as follows:
Lot Size 67,024 SF
Green Space 39,020 SF (58%)
Impervious Surface 28,004 SF (43%)
Page 13
Landscaping
Landscaping is existing and no proposed landscape modifications are proposed.
Signage
The site contains one existing monument sign. It is proposed to be re-purposed. The proposed
location is shown on C2.0 and an architectural elevation of the sign is included in the submittal
information.
Planned Development
The proposed plans are to repurpose the existing site. The site will be modified to include two
additional drivethru order board/kiosk. The additional drivethru is behind the building and not
readily visible from the public roadway. Site currently has one drive thru space.
The site relationship to the nearby public streets will remain the same as the existing site. The
existing ingress and egress points will be maintained.
Architectural Plans
Architectural floor plans and building elevations are included for both sites. Proposed building
fascades and materials of construction are included for the respective buildings.
Engineering Plans
Full engineering plans are included.
Proposed Exceptions from Zoning Ordinance
The site’s zoning is currently Planned Development (PD). This request is to amend the PD to allow
the development of two additional drive thru.
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Page 15
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Project Number:
2260 Salscheider Court Green Bay, WI 54313
PH:920-569-5765; Fax: 920-569-5767
www.mach-iv.com
2156-01-23
SITE PLAN
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SHEET KEY NOTES:
REPLACE ASPHALT IN-KIND. WEDGE PAVEMENT TO DRAIN
CONCRETE PAVEMENT; SEE DETAIL B SHEET C5.0
CONCRETE ISLAND; REFER TO ARCHITECTURAL PLANS
CANOPY OUTLINE
ADA STALL SYMBOL SEE DETAIL C SHEET C5.0
ADA SIGN; SEE DETAIL D SHEET C5.0
QUEING LENGTH, FOR ILLUSTRATION PURPOSES ONLY
4-INCH WIDE PAINT STRIPE; MATCH EXISTING COLOR
PAVEMENT MARKING; DIRECTION ARROW
BOLLARD; SEE DETAIL E SHEET C5.0
MENU BOARD; REFER TO ARCHITECTURAL DRAWINGS
REFURBISH EXISTING MONUMENT SIGN; REFER TO ARCHITECTURAL DRAWINGS
1
2
3
4
5
6
7
8
9
10
SITE STATISTICS
PARCEL ADDRESS:
PARCEL NUMBER:
PARCEL SIZE:
ZONING:
OCCUPANCY CLASSIFICATION:
OCCUPANCY USE:
EXISTING SITE
GREEN SPACE:
IMPERVIOUS AREA
BUILDING:
PAVEMENT:
TOTAL IMPERVIOUS:
PROPOSED SITE
TOTAL DISTURBED AREA:
GREEN SPACE REQUIRED:
GREEN SPACE PROVIDED:
IMPERVIOUS AREA
BUILDING:
PAVEMENT:
TOTAL IMPERVIOUS:
2350 STATE ROAD 44
91329000407
67,024 SF (1.54 AC)
BP-PD: BUSINESS PARK DISTRICT & PLANNED DEVELOPMENT OVERLAY
B - BUSINESS
A2 - RESTAURANT
39,020 SF (58.2%)
1,928 SF (2.9%)
26,076 SF (38.9%)
28,004 SF (41.8%)
1,526 SF (0.035 AC)
30% (20,107 SF)
39,020 SF (58.2%)
1,928 SF (2.9%)
26,076 SF (38.9%)
28,004 SF (41.8%)
2350 HIGHWAY 44 LLC
2350 STATE HIGHWAY 44
OSHKOSH, WI 54904
OWNER
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Page 16
PD AMENDMENT
2350 STATE ROAD 44
PC: 5-21-2004
C E S A 6
2935 UNIVERSAL CT
OSHKOSH WI 54904-6324
2350 HIGHWAY 44 LLC
PO BOX 7303
APPLETON WI 54912-7070
HWY 44 BUSINESS PLACE LLC
C/O TOM SCHARPF
1621 MARICOPA DR
OSHKOSH WI 54904-8231
RLR INVESTMENTS LLC
600 GILLAM RD
WILMINGTON OH 45177-9089
CRH PROPERTIES LLC
2375 STATE ROAD 44 STE A
OSHKOSH WI 54904-6333
HCP DERMATOLOGY ASSOC LLC
SILA REALTY TRUST
1001 WATER ST STE 800
TAMPA FL 33602-5467
SPRINT EDWARDS PROP LLC
2325 STATE ROAD 44
OSHKOSH WI 54904-6333
Page 17
ENTERPRISE DR
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Page 18
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Prepared by: City of Oshkosh, WI
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City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 19
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City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 20